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Internship Agreement
I need an internship agreement for a university student who will be interning for 3 months, with a focus on gaining practical experience in marketing. The agreement should include a stipend, flexible working hours, and a confidentiality clause.
What is an Internship Agreement?
An Internship Agreement sets out the terms between an organization and an intern, creating a structured learning opportunity while protecting both parties' interests. In South Africa, these agreements must comply with the Basic Conditions of Employment Act and Skills Development Act, especially regarding stipends and working hours.
Beyond legal compliance, a good internship agreement clarifies the training goals, mentorship arrangements, and performance expectations. It specifies the duration, workplace duties, and any benefits like transport allowances or certificates of completion - essential details that help interns transition successfully into South Africa's formal workforce.
When should you use an Internship Agreement?
Use an Internship Agreement before bringing any intern into your South African organization - ideally at least two weeks before their start date. This timing allows proper registration with the Department of Labour and ensures compliance with the Skills Development Act, particularly for internships lasting more than three months.
The agreement becomes essential when offering paid internships, as it helps establish clear boundaries between interns and employees under labour law. It's particularly important in regulated industries like finance, healthcare, and engineering, where interns may handle sensitive information or require specific safety training.
What are the different types of Internship Agreement?
- Internship Contract Agreement: Standard paid internship template covering stipends, hours, and training objectives - most commonly used in corporate settings
- Unpaid Internship Agreement: Focuses on educational benefits and skills development for voluntary positions, often used in non-profits and academic settings
- Non Disclosure Agreement For Interns: Specialized agreement adding confidentiality provisions for interns handling sensitive information in tech, finance, or research roles
Who should typically use an Internship Agreement?
- Host Organizations: Companies, NGOs, and government departments that offer internships must draft and maintain compliant Internship Agreements under South African labour laws
- Interns: Students, graduates, or career-changers who sign these agreements to gain practical work experience while protecting their rights
- HR Managers: Oversee the internship program, ensure agreement compliance, and manage intern onboarding and development
- Legal Advisors: Review and customize agreements to meet specific organizational needs while maintaining compliance with labour regulations
- Department of Labour: Monitors internship programs and enforces compliance with employment standards
How do you write an Internship Agreement?
- Intern Details: Gather full personal information, qualifications, and contact details of the intern
- Program Specifics: Define internship duration, working hours, department placement, and core responsibilities
- Compensation Structure: Calculate stipend amounts, travel allowances, and any additional benefits in line with South African minimum wage laws
- Training Goals: Outline specific skills development objectives and mentorship arrangements
- Compliance Check: Review Skills Development Act requirements and SETA registration needs
- Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory elements
What should be included in an Internship Agreement?
- Parties' Information: Full legal names, addresses, and contact details of both organization and intern
- Duration Terms: Clear start and end dates, working hours, and leave entitlements under BCEA guidelines
- Compensation Details: Stipend amount, payment schedule, and any additional benefits like transport allowances
- Training Provisions: Specific skills development objectives aligned with Skills Development Act requirements
- Confidentiality Clauses: Protection of company information and intellectual property
- Termination Terms: Notice periods and conditions for early termination
- Signatures: Dated signatures from both parties, with witnesses as required by South African law
What's the difference between an Internship Agreement and an Agency Agreement?
An Internship Agreement differs significantly from an Agency Agreement, though both involve work relationships. Let's explore their key differences:
- Legal Status: Internship Agreements create a training-focused relationship under South Africa's Skills Development Act, while Agency Agreements establish independent business relationships under commercial law
- Duration and Purpose: Internships are temporary learning opportunities with defined end dates, whereas agency relationships are often ongoing business arrangements
- Control and Supervision: Interns work under direct supervision with structured training goals, while agents operate independently with their own business discretion
- Compensation Structure: Internships typically offer stipends and training benefits, while agency relationships involve commissions or fee-based compensation
- Regulatory Framework: Internships must comply with labour laws and SETA requirements, while agency agreements follow commercial and contract law principles
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